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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 23rd day of August 2022, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
Present:
County Judge James Oakley; Commissioner Precinct 1 Jim Luther, Jr.; Commissioner Precinct 2 Damon Beierle; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Attendees:
Stephanie McCormick, Comm. Court Coordinator; Janet Parker, County Clerk; Karin Smith, County Auditor; Vicinta Stafford, Chief Deputy County Clerk
 
AGENDA
An agenda packet containing detailed information on the items listed below is distributed to the County Judge, Commissioners, and County Clerk the Friday preceding the meeting. The agenda packet is also posted on the county website at www.burnetcountytexas.org, under Public Meetings. A hard copy of the agenda packet is available in the County Clerk's office. Our Mission Statement: The mission of Burnet County is to maintain overall efficient and effective management of county resources while providing the services mandated by state and federal law and desired by the citizens of Burnet County.
 
REGULAR MEETING DATE:  Tuesday, August 23, 2022 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
 
1. Call to Order
 
2. Invocation and Pledge of Allegiance to the flags.
 
3. Public Comments. Any person with business before the Commissioner’s Court not scheduled on the agenda may speak to the Court. No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called. There is a 2 minute speaking limit. 
 
4. Discussion and/or action concerning the approval of the creation of Cimarron Shores Water Control and Improvement District (Oakley)
 
5. Public hearing at 9:30 a.m. on the County Clerk Records Management Plan (Oakley/Smith)
 
6. Public hearing at 9:30 a.m. on the 2022-2023 Budget (Oakley/Smith)
 
7. Discuss the 2022-2023 Budget and take action as necessary (Oakley/Smith)
 
8. Consider and take action on the adoption of the 2022-2023 Budget (Oakley/Smith)
 
9. Public hearing at 9:30 a.m. on the 2022 Tax Rate which will fund the 2022-2023 Budget (Oakley/Smith)
 
10. Consider and take action to adopt the 2022 Tax Rate which will fund the 2022-2023 Budget (Oakley/Smith)
 
11. Consider and take action to ratify the 2022 Property Tax Rate (Oakley/Smith)
 
12. Presentation of a Proclamation for Hunger Awareness Month (Oakley)
 
13. Presentation of a Proclamation for August being “Watch Your Car Month” (Oakley)
 
14. Presentation of a Proclamation from the Daughters of the American Revolution that marks September 17, 2022 as Constitution Week (Oakley)
 
15. Discussion and/or action regarding the approval and implementation of political sign rules to apply at Burnet County polling locations (Oakley/Ferguson)
 
16. Discussion and/or action regarding authorizing the Elections Department Administrator to enter into Memorandums of Understanding with property owners allowing for the use of their property as a polling location during an election. Said MOU shall include a selection by the property owner as to whether or not the Burnet county political sign rules shall apply to their property during an election (Oakley/Ferguson)
 
17. Discussion and/or action for the approval to apply for the FY 2023 Bullet-Resistant shield grant from the Office of the Governor, Public Safety Office Criminal Justice Division (Oakley)
 
18. Discussion and/or action for the approval to apply for the FY 2023 ALERRT Travel Assistance grant from the Office of the Governor, Public Safety Office Criminal Justice Division (Oakley)
 
19. Discussion and/or action regarding the optional county fee changes report for FY 2023 requested by Texas Dept. of Motor Vehicles (Oakley/Frazier)
 
20. Discussion and/or action concerning a resolution ratifying our FLSA (k) exemption for law enforcement (Oakley/S.Luther)
 
21. Discussion and/or action concerning the process to vacate CR 342B at Pleasant Valley Cemetery in Marble Falls, Texas.  Note: said action shall not prevent public access to the Pleasant Valley Cemetery (Wall)
 
22. Discussion and/or action concerning the appointment of Bob Childress to the ESD #3 board (Luther)
 
23. Discussion and/or action concerning a mutual aid agreement with the Ft. Hood Fire & Emergency Services Division (Oakley)
 
24. Discussion and/or action concerning for the approval of HHW Sponsorship Opportunities with listed benefits for contributions for our HHW collection even being held Saturday, October 15, 2022 at the Recycle and Reuse Center 2411 FM 963 (Oakley)
 
25. Discussion and/or action concerning the reappointment of Roxanne Nelson to the Bluebonnet Trails Community Services Board of Trustees (Oakley)
 
26. Discussion and/or action concerning the final plat approval for Whispering Wind Subdivision, a private subdivision consisting of 22 lots on 71.02 acres, located in the 2800 block of N FM 1174 (Beierle)
 
 27. Discussion and/or action concerning a request a variance from the Burnet County Subdivision Regulations by Robert Kahn to create a 10 acre and an 8 acre tract from BCAD parcel #70381 located in the 1600 block of FM 2657 (Beierle)
 
28. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by John and Dena Carpenter to create a 2 acre tract out of a 4.41 acre tract, BCAD parcel #50667, located at 1214 CR 323A (Wall)
 
29. Discussion and/or action concerning an amended plat for a replat of lots 617 and 618, Whitewater Springs, Section 6 recorded as Document #202203717, O.P.R.B.C.T., to correct a scrivener error found in the lot number and section, pursuant to Chapter 232.011 of the Texas Local Government Code (Wall)
 
30. Discussion and/or action concerning a replat of lots 5 and 65 square feet of lot 68-M, Clearwater Landing at Lake LBJ, Phase 2, Plat No. 2.16, to be known as Lot 5-A, Clearwater Landing at Lake LBJ, Phase 2, Plat No. 2.22 (Luther)
 
31. Discussion and/or action concerning the replat of lots 3 and 4, Legendary Estates on Lake LBJ, Phase 1, Block 2, to be known as Lot 3A, Legendary Estates on Lake LBJ, Phase 1, Block, 2, a combination of 2 lots into 1 (Luther)
 
32. Discussion and/or action concerning a replat of lots 22 and 23, The Peninsula on Lake Buchanan, to be known as lots 22A and 23A, The Peninsula on Lake Buchanan, moving the center lot line (Luther)
 
33. Discussion and/or action concerning naming a road off CR 260, Daisy Lane to conform to 911 addressing guidelines (Beierle)
 
34. Discussion and/or action concerning naming a road off Sunset Cliff Drive, New paradise Drive to conform to 911 addressing guidelines (Luther)
 
35. Discussion and/or action concerning naming a road off Woodland Acres Drive, Farm Cottage Cove to conform to 911 addressing guidelines (Luther)
 
36. Executive Session. Discussion with Burnet County Commissioner’s Court and the County Civil Attorney(s) and/or the County Attorney in accordance with Texas Government Codes 551.071.  The Commissioners Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections:  551/071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues), 551.0725 (Contracts being negotiated).   

37. Reconvene in Open Session. 
 
38. Discussion and/or action regarding items discussed in Executive Session and take up for Consideration and possible action, pursuant to Chapter 262, Texas Local Government Code.
 
39. Discussion and/or action regarding Department Updates:  (Oakley)
a. Monthly Treasurer’s Report – July 2022
b. Update from Collections Department
 
40. Acknowledgement of Receipt:  
a. Administrative Order setting compensation and expenses of Court Reporters
           
41. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Independent Contractor agreement for Vetride:  David Powell as a volunteer driver
b.  Interlocal agreement between Burnet County and the City of Bertram
c.  Maintenance agreement with Mentalix for the Sheriff’s Office
d. Agreement w/ the Burnet Chamber to provide promotion services for Burnet County Tourism
           
42. Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings (Oakley)
           
           
43. The following items are part of the Consent Agenda and require no deliberation by the Commissioner’s Court.  Any item from this agenda may be considered separately:
a. Consideration and approval of any pending personnel issues within the policy.
b. Consideration and approval concerning budget amendments.
c. Consideration and approval concerning budget line item transfers.
d. Consideration and authorization of payment of claims previously approved by the County Auditor.
e. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor.
f. Consideration and approval regarding Departmental equipment requests and/or property transfers.
g. Correspondence.     
 
44. Discussion regarding any previous agenda items.
 
45. Calendar Review.
 
46. Adjournment.  
 
                                                              
James Oakley, Burnet County Judge
                                                                                               
Reviewed by: Eddie Arredondo, County Attorney
 
  
The Commissioners' Court  reserves the right to adjourn into Executive Session  at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney) 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations) Deliberations about Security  Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues). Compliance with the Americans with Disabilities Act, Burnet County will provide for reasonable accommodations for persons attending Commissioners' Court. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Ms. Stephanie McCormick, Commissioners’ Court Coordinator, at (512) 715-5276. Please note, the location of the meeting is subject to change based upon availability of the Courtroom. If meeting location is changed, notice at the above meeting location shall be posted to ensure public access to meeting is granted.
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Commissioner Dockery led the Invocation and the Pledge of Allegiance to the US and Texas flags.
 
Item #3:
Public Comments
Cheryie Palmer, Burnet resident, addressed the court concerning elections and the use of paper ballots. Claire Nybro, Burnet resident, addressed the court concerning the election integrity and having paper ballots.
 
Item #4:
Cimarron Shores Water Control and Improvement District
The court discussed the approval of the creation of Cimarron Shores Water Control and Improvement District.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the creation of Cimarron Shores Water Control and Improvement District.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Political sign rules for Polling locations
The court discussed the approval and implementation of political sign rules to apply at Burnet County polling locations.

Judge Oakley, explained the political sign rules, allowing (2) 18x24 signs per candidate. Doug Ferguson, Elections Administrator, addressed the court and explained that this has been needed for a long time. Eddie Arredondo, County Attorney, explained to the court that they need rules to promote safety.
Comm. Beierle asked who would enforce the rules on the leased properties. Eddie Arrendondo, County Attorney, stated the owner of the polling locations that have adopted the rules would be contacting maintenance and will direct the owner if there is a violation to remove any signs. Judge Oakley, stated he understood these rules are only for county-owned properties, for maintenance to enforce. Susan Doyle, resident, addressed the court and asked if there is a waiting period to remove signs. Judge Oakley stated signs should be removed 24 hours after the election.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve and implementation of political sign rules to apply at Burnet County polling locations.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
MOU Property owners polling locations
The court discussed authorizing the Elections Department Administrator to enter into Memorandums of Understanding with property owners allowing for the use of their property as a polling location during an election.  Said MOU shall include a selection by the property owner as to whether or not the Burnet county political sign rules shall apply to their property during an election.

Comm. Dockery, spoke and said there needs to be clarification in the MOU for the property owners that maintenance does not need to enforce the cleanup and rules.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the authorizing the Elections Department Administrator to enter into Memorandums of Understanding with property owners allowing for the use of their property as a polling location during an election. Said MOU shall include a selection by the property owner as to whether or not the Burnet county political sign rules shall apply to their property during an election, with the amendment that maintenance does not need to enforce the cleanup and rules.

Vote: 5 - 0 Passed - Unanimously

 
Item #39:
Department update, Elections Department
Doug Ferguson, Election Administrator, gave an update on the department and stated it's getting busy and they hired a new employee.
 
Item #14:
Proclamation Constitution Week
The court received a presentation of a Proclamation from the Daughters of the American Revolution that marks September 17, 2022 as Constitution Week.
Cindy Brown, Representative of Daughters of the American Revolution, presented to the court a proclamation for Constitution Week.
Judge Oakley, read the Proclamation to the court.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the Proclamation from the Daughters of the American Revolution that marks September 17, 2022 as Constitution Week.

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Final plat - Whispering Wind
The court discussed the final plat approval for Whispering Wind Subdivision, a private subdivision consisting of 22 lots on 71.02 acres, located in the 2800 block of N FM 1174.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat approval for Whispering Wind Subdivision, a private subdivision consisting of 22 lots on 71.02 acres, located in the 2800 block of N FM 1174.

Vote: 5 - 0 Passed - Unanimously

 
Item #31:
Replat - Legendary Estates on Lake LBJ
The court discussed the replat of lots 3 and 4, Legendary Estates on Lake LBJ, Phase 1, Block 2, to be known as Lot 3A, Legendary Estates on Lake LBJ, Phase 1, Block, 2, a combination of 2 lots into 1.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat of lots 3 and 4, Legendary Estates on Lake LBJ, Phase 1, Block 2, to be known as Lot 3A, Legendary Estates on Lake LBJ, Phase 1, Block, 2, a combination of 2 lots into 1.

Vote: 5 - 0 Passed - Unanimously

 
Item #32:
Replat - The Peninsula on Lake Buchanan
The court discussed a replat of lots 22 and 23, The Peninsula on Lake Buchanan, to be known as lots 22A and 23A, The Peninsula on Lake Buchanan, moving the center lot line.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a replat of lots 22 and 23, The Peninsula on Lake Buchanan, to be known as lots 22A and 23A, The Peninsula on Lake Buchanan, moving the center lot line.

Vote: 5 - 0 Passed - Unanimously

 
Item #33:
Naming Road Daisy Lane
The court discussed naming a road off CR 260, Daisy Lane to conform to 911 addressing guidelines.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve naming a road off CR 260, Daisy Lane to conform to 911 addressing guidelines.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #34:
Naming Road New Paradise Drive
The court discussed naming a road off Sunset Cliff Drive, New paradise Drive to conform to 911 addressing guidelines.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve naming a road off Sunset Cliff Drive, New paradise Drive to conform to 911 addressing guidelines.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #35:
Naming Road Farm Cottage Cove
The court discussed naming a road off Woodland Acres Drive, Farm Cottage Cove to conform to 911 addressing guidelines.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve naming a road off Woodland Acres Drive, Farm Cottage Cove to conform to 911 addressing guidelines.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #29:
Amended Plat - Whitewater Springs
The court discussed an amended plat for a replat of lots 617 and 618, Whitewater Springs, Section 6 recorded as Document #202203717, O.P.R.B.C.T., to correct a scrivener error found in the lot number and section, pursuant to Chapter 232.011 of the Texas Local Government Code.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve an amended plat for a replat of lots 617 and 618, Whitewater Springs, Section 6 recorded as Document #202203717, O.P.R.B.C.T., to correct a scrivener error found in the lot number and section, pursuant to Chapter 232.011 of the Texas Local Government Code.

Vote: 5 - 0 Passed - Unanimously

 
Item #30:
Replat - Clearwater Landing at Lake LBJ
The court discussed a replat of lots 5 and 65 square feet of lot 68-M, Clearwater Landing at Lake LBJ, Phase 2, Plat No. 2.16, to be known as Lot 5-A, Clearwater Landing at Lake LBJ, Phase 2, Plat No. 2.22.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of lots 5 and 65 square feet of lot 68-M, Clearwater Landing at Lake LBJ, Phase 2, Plat No. 2.16, to be known as Lot 5-A, Clearwater Landing at Lake LBJ, Phase 2, Plat No. 2.22.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Public hearing County Clerk Records Management Plan
The court held a Public hearing at 9:30 a.m. concerning the County Clerk Records Management Plan. Judge Oakley opened the public hearing.
Janet Parker, County Clerk, addressed the court about Records Archive Plan. The continuation of this plan will be completed in FY 2024. The contract total for this plan is $329,826.47 and does not come from tax dollars. This phase includes 2,800 pages of maps/plats; 515 volumes of records consisting of 317,245 pages, and 4,800 pages of probated Wills. The project allows the public to expedite record searching; provide public information to citizens; and preserve original records by reducing daily usage. Judge Oakley closed the Public Hearing as there were no comments from the Public.
 
Item #6:
Public hearing 2022-2023 Budget
The court held a Public hearing at 9:30 a.m. on the 2022-2023 Budget.

Janet Parker, County Clerk, addressed the court and stated on May 9, 2022 that she and Vicinta Stafford met with Judge Oakley to discuss the County Clerk's budget. Mrs. Parker made two personnel requests, one was for the General Fund to absorb the current employee that is being paid out of the Records Management budget or a portion of this position, and the second request was for a new Deputy Clerk position. This request was discussed once in Commissioners Court and there was an understanding that the revenue stream that the County Clerk's Record Management reserves to fund this position. The Local Government Code is specific on how these funds may be spent. The Local Government Code in section 82.005 establishes the appointment of a Deputy County Clerk. A Deputy County Clerk acts in the name of the County Clerk and performs all official actions that the County Clerk may perform. A Deputy County Clerk is not a specific Record Management purpose and is not an automation project. The clerk assists customers, issues marriage licenses, Birth and Death records, and attends court proceedings. These duties are not specific to Records Management and preservation and are not automation purposes or projects. Mrs. Parker is requesting the new Deputy County Clerk position be funded in the 2022-2023 Budget.
Once this position is filled, it will take a minimum of one year before this position will be able to work on their own. Mrs. Parker asked why the new staff that works directly with the County Clerk is not needed at this time.

Judge Oakley responded back that in the proposed budget he was informed that the position could be funded out of the Records Management fund, same as the one currently being funded. 

Mrs. Parker, stated the Record Management budget is currently funding an entire position including the salary, benefits, and software that is used in the office besides the case management software. 

Comm. Beierle, asked Mrs. Parker is the request for the new court clerk position to be funded out of the General fund?

Mrs. Parker responded, yes that's her hope, she explained that she has fewer employees in her office currently than she did in 2010.
Mrs. Parker, asked that out of the budget of $31 million, there is no money available for a new position at $65,000?

Judge Oakley, responded that out of the proposed budget there was a request for 22 new employees, with the voter approved rate. He was advised that the position for the County Clerk's office could come from the Records Management funds.

Karin Smith, County Auditor, agreed with Mrs. Parker that Records Management funds must be used for preservation. It cannot be used for a courtroom clerk.

Judge Oakley closed the Public Hearing as there were no comments from the Public.
 
Item #7:
2022-2023 Budget
The court discussed the 2022-2023 Budget and take action as necessary.

Karin Smith, County Auditor, explained there are 2 amendments to the 2023 budget for the Library part-time position and Jail food Administrator position.

Comm. Beierle, requested to add a Deputy County Clerk position to the amendments, funded from the unallocated funds.  Karin Smith, County Auditor, stated that the funds would be available from unallocated funds.

Roxanne Nelson, J.P. Pct. #1, addressed the court and asked if the Salary Survey comes back and they have identified people that are being overpaid according to the market. Are there ways not to implement raises until there's time to review the salary survey?
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the adjustments to the FY23 budget, and add a new Deputy County Clerk position.

Vote: 2 - 3 Failed

Nay:
County Judge James Oakley
Commissioner Precinct 1 Jim Luther, Jr.
Commissioner Precinct 4 Joe Don Dockery
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the FY 2022-2023 Budget that is prepared by the County Auditor with adjustments.

Vote: 4 - 1 Passed

Nay:
Commissioner Precinct 2 Damon Beierle
 
Item #8:
Adoption of 2022-2023 Budget
The court discussed the adoption of the 2022-2023 Budget.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the 2022-2023 Budget along with the amendments from the County Auditor.
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Nay; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.
Budget passed 4-1

Vote: 4 - 1 Passed

Nay:
Commissioner Precinct 2 Damon Beierle
 
Item #9:
Public Hearing 2022 Tax Rate
The court held a Public hearing at 9:30 a.m. on the 2022 Tax Rate which will fund the 2022-2023 Budget. Judge Oakley opened up the Public Hearing. Judge Oakley closed the Public Hearing as there were no comments from the Public.
 
Item #10:
Adopt 2022 Tax Rate
The court discussed and take action to adopt the 2022 Tax Rate which will fund the 2022-2023 Budget. Judge Oakley explained the Tax code 26.05B property tax rate be increased by the adoption of the tax rate of .3766 which is a 12% increase in the tax rate.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to adopt the 2022 Tax Rate at .3766 which will fund the 2022-2023 Budget.
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Aye; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the Debt Service Tax Rate at .0566.
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Aye; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the Tax Rate for M&O the General Fund at .2795; Road & Bridge Fund at .0405
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Aye; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Proclamation Hunger Awareness Month
The court took no action on this agenda item.
 
Item #13:
Proclamation "Watch Your Car Month"
The court presented a Proclamation for August being “Watch Your Car Month”
Judge Oakley read the Proclamation to the court.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt a Proclamation for August being “Watch Your Car Month”

Vote: 5 - 0 Passed - Unanimously

 
Recess
The court recessed for 5 minutes.
 
Reconvened
The court reconvened at 10:20 a.m. with all members present.
 
Item #11:
Ratify 2022 Property Tax Rate
The court discussed taking action to ratify the 2022 Property Tax Rate.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to ratify the Tax Rate for the adopted General Debt Service and M&O

Vote: 5 - 0 Passed - Unanimously

 
Item #17
Bullet-Resistant Shield Grant
The court discussed the approval to apply for the FY 2023 Bullet-Resistant shield grant from the Office of the Governor, Public Safety Office Criminal Justice Division.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to apply for the FY 2023 Bullet-Resistant shield grant from the Office of the Governor, Public Safety Office Criminal Justice Division.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
ALERRT Travel Assistance grant
The court discussed the approval to apply for the FY 2023 ALERRT Travel Assistance grant from the Office of the Governor, Public Safety Office Criminal Justice Division.
Karin Smith, County Auditor, explained that this grant covers any law enforcement officer training prior to being eligible for the Bullet-Resistant shield training. This grant covers travel, hotel, meals and overtime for any officer that is covering their shift.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to apply for the FY 2023 ALERRT Travel Assistance grant from the Office of the Governor, Public Safety Office Criminal Justice Division.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
County fee changes report for FY 2023
The court discussed the optional county fee changes report for FY 2023 requested by Texas Dept. of Motor Vehicles.
Karin Smith, County Auditor, explained that the Road and Bridge fee is currently at $10.00 and $1.50 for the Child Safety fee, those are the maximum they can charge for the fees, no changes are recommended.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to make no changes to the optional county fee changes report for FY 2023 requested by Texas Dept. of Motor Vehicles.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Resolution ratifying our FLSA (k) exemption
The court discussed a resolution ratifying our FLSA (k) exemption for law enforcement.
Sara Ann Luther, Human Resource Director, requested to have a resolution in place. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a resolution ratifying our FLSA (k) exemption for law enforcement.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #39:
Departmental Update
The court discussed Department Updates.
a. Monthly Treasurer’s Report – July 2022
b. Update from Collections Department

Sara Ann Luther, Human Resource Director, reminded the court that the Cyber Security training deadline is August 31, 2022.
Stephanie McCormick, Court Coordinator, and Shelly Denton, Collections, gave an update on the Collections department.
Karrie Crownover, County Treasurer, gave an update on the Monthly Treasurer's Report - July 2022.
Herb Darling, Developmental Services, gave an update on his department.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Monthly Treasurer's report for July 2022.

Vote: 5 - 0 Passed - Unanimously

 
Item #44:
Previous Agenda Items
Judge Oakley and Herb Darling, Development Services, discussed the Burn Ban for Burnet County.
The court took no action on this agenda item.
 
Item #21:
Vacate CR 342B at Pleasant Valley Cemetery
The court discussed the process to vacate CR 342B at Pleasant Valley Cemetery in Marble Falls, Texas.  Note: said action shall not prevent public access to the Pleasant Valley Cemetery.
Comm. Wall, explained that he received a letter from the property owner, Mr. Gibbs and a letter from Pleasant Valley Cemetery. The cemetery went through Mr. Gibbs property and now there is an entrance off FM 1431 to the cemetery. Mr. Gibbs would like to vacate the property and the Pleasant Valley Cemetery would like to plot the additional space for burial.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the process to vacate CR 342B at Pleasant Valley Cemetery in Marble Falls, Texas. Note: said action shall not prevent public access to the Pleasant Valley Cemetery.

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Appointment of Bob Childress
The court discussed the appointment of Bob Childress to the ESD #3 board.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the appointment of Bob Childress to the ESD #3 board.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
Agreement Ft. Hood Fire & Emergency Services Division
The court took no action on this agenda item.
 
Item #24:
HHW Sponsorship Opportunities
The court discussed the approval of HHW Sponsorship Opportunities with listed benefits for contributions for our HHW collection even being held Saturday, October 15, 2022 at the Recycle and Reuse Center 2411 FM 963.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the HHW Sponsorship Opportunities with listed benefits for contributions for our HHW collection event being held Saturday, October 15, 2022 at the Recycle and Reuse Center 2411 FM 963.

Vote: 5 - 0 Passed - Unanimously

 
Item #25:
Reappointment of Roxanne Nelson
The court discussed the reappointment of Roxanne Nelson to the Bluebonnet Trails Community Services Board of Trustees.
Roxanne Nelson, J.P. Pct. #1, addressed the court and thanked the court for appointing her to the Board.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the reappointment of Roxanne Nelson to the Bluebonnet Trails Community Services Board of Trustees.

Vote: 5 - 0 Passed - Unanimously

 
Item #27:
Variance request Robert Kahn
The court discussed a request for a variance from the Burnet County Subdivision Regulations by Robert Kahn to create a 10 acre and an 8 acre tract from BCAD parcel #70381 located in the 1600 block of FM 2657.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a variance from the Burnet County Subdivision Regulations by Robert Kahn to create a 10 acre and an 8 acre tract from BCAD parcel #70381 located in the 1600 block of FM 2657.

Vote: 5 - 0 Passed - Unanimously

 
Item #28:
Variance request John and Dena Carpenter
The court discussed a request for a variance from the Burnet County Subdivision Regulations by John and Dena Carpenter to create a 2 acre tract out of a 4.41 acre tract, BCAD parcel #50667, located at 1214 CR 323A.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision Regulations by John and Dena Carpenter to create a 2 acre tract out of a 4.41 acre tract, BCAD parcel #50667, located at 1214 CR 323A

Vote: 5 - 0 Passed - Unanimously

 
Item #36:
Executive Session
The court took no action on this agenda item.
 
Item #37:
Open Session
The court took no action on this agenda item.
 
Item #38:
Executive Session
The court took no action on this agenda item.
 
Item #40:
Acknowledgement of Receipt
The court Acknowledged the Receipts:         
a. Administrative Order setting compensation and expenses of Court Reporters
 
Item #41:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Independent Contractor agreement for Vetride: David Powell as a volunteer driver
b. Interlocal agreement between Burnet County and the City of Bertram
c. Maintenance agreement with Mentalix for the Sheriff’s Office
d. Agreement w/ the Burnet Chamber to provide promotion services for Burnet County Tourism
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Independent Contractor agreement for Vetride: David Powell as a volunteer driver, Interlocal agreement between Burnet County and the City of Bertram, Maintenance agreement with Mentalix for the Sheriff’s Office

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Agreement with the Burnet Chamber to provide promotion services for Burnet County Tourism.

Vote: 4 - 0 Passed

Other:
Commissioner Precinct 2 Damon Beierle (Abstain)
Judge Oakley stated the Public Services building on HWY 281 lease agreement is ending. The owner has given 30 days to vacate. Veteran Service and the Indigent Health Services are moving to the Community Resource Center in Marble Falls. Judge Oakley is looking for a location for the Public Defender’s Office to relocate. 
 
Item #42:
Bids and Bid openings
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.

Judge Oakley, gave an update on bids and bid openings.
 
Item #43:
Consent Agenda
The court discussed the Consent Agenda.
a. Consideration and approval of any pending personnel issues within the policy. 
b. Consideration and approval concerning budget amendments.
c. Consideration and approval concerning budget line item transfers.
d. Consideration and authorization of payment of claims previously approved by the County Auditor.
e. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor.
f. Consideration and approval regarding Departmental equipment requests and/or property transfers.
g. Correspondence.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Consent Agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #45:
Calendar Review
The court discussed calendar review.
 
Item #46:
Adjournment
Judge Oakley adjourned the meeting at 11:00 a.m. as there was no further business to discuss.